| License Description: |
This is a contract between you and David Occhino Design. This is not a contract for sale of font software, but a license to use font software subject to the terms and conditions of the Agreement. Please read the terms carefully. You, on behalf of your employer or personally, agree as follows: Font Software. The font software you selected to license (the ÒFont SoftwareÓ), is the property of David Occhino Design. The term ÒFont SoftwareÓ includes any related documentation, updates and permitted copies of the Font Software licensed to you by David Occhino Design. As used in this Agreement, the term ÒDavid Occhino DesignÓ means collectively David Occhino Design, its successors and assigns, its affiliated companies, its authorized distributors and resellers, and any third party which has licensed to David Occhino Design any or all of the intellectual property rights associated with the Font Software.
Limited License. Upon payment of the nonrefundable license fee, David Occhino Design grants you a nonexclusive, nontransferable, limited right to use the Font Software for personal or internal business use by you on the permitted number of Licensed Computers at a single, physical location designated by you (the ÒLicensed LocationÓ). The term ÒuseÓ means to install and access the Font Software, and give commands (by keyboard or otherwise) followed by the Font Software.
The permitted number of Licensed Computers is 5 unless you have obtained a license for additional Licensed Computers (available in increments of 5). For each 5 Licensed Computers, you may also download the Font Software to the memory (hard disk or RAM) of 1 output device connected to 1 Licensed Computer for the purpose of having the Font Software remain resident in the output device.
Portable computers may be included within the number of permitted Licensed Computers provided that such portable computers are primarily used at the Licensed Location.
You may install the Font Software on a file server for use on a local area network located at the Licensed Location, provided that use of the Font Software is limited to those computers that are the Licensed Computers. For the avoidance of doubt, each computer that will access the Font Software on the network must be a Licensed Computer located at the Licensed Location. You may not install the Font Software on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.
Embedding Restrictions. Embedding of the Font Software is prohibited except as expressly provided in this section.
You may embed the Font Software into electronic documents for use on computers that are NOT Licensed Computers, subject to the following restrictions: (a) the electronic documents are distributed in a secure format that allows only printing and viewing, and prohibits editing, selecting, enhancing or modifying the text; and (b) the electronic documents are for personal or internal business use. If you are unable to limit access to the document to Òview and printÓ only, then the electronic document may not be used on computers that are NOT Licensed Computers.
You may embed the Font Software into electronic documents for use on computers that are Licensed Computers provided that the electronic documents are for personal or internal business use.
Without the purchase of an additional license, you may NOT otherwise embed the Font Software. For example and without limitation: (i) You may NOT embed the Font Software into your hardware, software or other products, such as, application programs, electronic games, e-books, kiosks, printers, etc.; (ii) You may NOT embed the Font Software into your web pages; and (iii) You may NOT embed the Font Software into electronic documents that permit editing, selecting, enhancing or other modifying of the text.
Permitted Copies. You may not duplicate or copy the Font Software except as needed to use it as expressly permitted by this Agreement. However, you may make 1 copy of the Font Software for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the Font Software.
Intellectual Property Rights; No Modifications. You acknowledge and agree that the Font Software and permitted copies, and the trademarks associated with the Font Software, are the intellectual property owned by David Occhino Design. You further acknowledge and agree that the structure, organization and code of the Font Software are valuable trade secrets and confidential information of David Occhino Design. The Font Software is protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
You may not copy the Font Software except as provided under the "Permitted Copies" provision above. YOU AGREE THAT YOU WILL NOT MODIFY, ADAPT, TRANSLATE, ALTER NOR CREATE DERIVATIVE WORKS OF THE FONT SOFTWARE. YOU FURTHER AGREE THAT YOU WILL NOT REVERSE ENGINEER, DECOMPILE, DECRYPT, DISASSEMBLE, NOR SEEK TO DISCOVER THE SOURCE CODE OF THE FONT SOFTWARE. IF THE FONT SOFTWARE CONTAINS EMBEDDING BITS THAT LIMIT THE CAPABILITIES OF THE FONT SOFTWARE, YOU MAY NOT CHANGE OR ALTER THE EMBEDDING BITS. Notwithstanding, if applicable law in your jurisdiction permits you to decompile the Font Software, then you may only do so to achieve operability of the Font Software with another software program provided that you first request in writing that David Occhino Design provide the information necessary to achieve such operability and David Occhino Design has not made such information available to you subject to reasonable conditions.
You acknowledge and agree that the term Òderivative workÓ includes code or data based upon or derived from the Font Software or any portion of the Font Software, in any form in which such code or data may be transformed, translated or adapted including, without limitation, code or data in any format in which the Font Software may be converted. You further acknowledge and agree that the following are examples of prohibited derivative works: (1) If the Font Software is PostScript Type 1 font software, you may not convert the Font Software into TrueType, OpenType, or any other format existing now or in the future; (2) If the Font Software is TrueType font software, you may not convert the Font Software into Type 1, OpenType, or any other format existing now or in the future; (3) You may not create additional characters, accents, symbols or typeface weights (e.g. italics, extrabold, etc.) from the Font Software or any portion of it.
Transfer; Service Bureaus. You may not rent, lease, sublicense, distribute, lend nor transfer the Font Software, or any copy or portion of the Font Software, without David Occhino Design's prior written consent. You may send a copy of the Font Software, or any portion of the Font Software, used in a particular document, to a commercial printer or service bureau to enable the editing or printing of such documents, provided that the commercial printer or service bureau has a valid license to use the Font Software.
No Other Use. You are granted only the rights expressly stated in this Agreement, and you may not use the Font Software for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from David Occhino Design: (1) You may not share the Font Software with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.); (2) You may not use the Font Software on more than the permitted number of Licensed Computers; (3) You may not use the Font Software at more than one physical location; (4) You may not change the name of the Font Software; (5) You may not embed the Font Software into your hardware, software, other products, or web pages; (6) You may not embed the Font Software into editable documents for use on computers that are not Licensed Computers; (7) You may not convert the Font S |